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Hello Beagles,
My first time posting but I've come with a unique CCJ situation which I couldn't find advice for hence I'd really appreciate your advice
Background:
- 3 years ago I was overpaid by my ex-employer to the tune of £5k
- The claim forms were sent to my old address
- Before I moved, I specifically instructed my old employer that I was moving and to correspond with me via email, as well as providing them with my new address (I have email proof of this)
- 1 month ago I discovered a CCJ by chance during a routine credit check
- The CCJ includes the original overpayment (£5k) plus legal fees and interest, amounting to a total of £7k
Story so far:
- I have negotiated with the claimant's solicitors for a set aside with consent
- The solicitors are paying and have sent over the consent order which I have signed and has been sent to the court last week. It is as follows:
UPON the Defendant providing evidence to the Claimant that the Defendant did not reside at the address at which proceedings were served and subsequently the Defendant did not have the opportunity to respond to the Claimant’s Claim Form
AND UPON the Defendant acting promptly upon discovery of the judgment to notify the Claimant that there is some other good reason for setting aside the judgment, pursuant to CPR 13.3(b)
AND UPON the parties reaching a settlement
1. The Judgement dated XXXX be set aside
2. The Defendant shall pay to the Claimant the total sum of XXXX ("The Settlement Sum") in full and final settlement of claims between the parties by 26 November 2024
3. There be no order as to costs
My thoughts:
- I feel as though I should still have an adequate defence for the original CCJ, which is that I disagree to paying the interest + court fees of the original £7k due to procedural unfairness and a violation of CPR 13.2 (sent to an address the claimant should have known was not my address)
Questions:
- I feel like I may have scuppered this a bit by agreeing to include the clause of the Settlement Sum. Is this likely to get the case thrown out?
- If so, how can I ask for the consent order to be rescinded and amended to "shall pay ... upon 14 days of the CCJ being set aside" or WTTE? What would be a legal strategy for this?
Any advice appreciated as I have until tomorrow close of day to pay...
Thank you so much
My first time posting but I've come with a unique CCJ situation which I couldn't find advice for hence I'd really appreciate your advice
Background:
- 3 years ago I was overpaid by my ex-employer to the tune of £5k
- The claim forms were sent to my old address
- Before I moved, I specifically instructed my old employer that I was moving and to correspond with me via email, as well as providing them with my new address (I have email proof of this)
- 1 month ago I discovered a CCJ by chance during a routine credit check
- The CCJ includes the original overpayment (£5k) plus legal fees and interest, amounting to a total of £7k
Story so far:
- I have negotiated with the claimant's solicitors for a set aside with consent
- The solicitors are paying and have sent over the consent order which I have signed and has been sent to the court last week. It is as follows:
UPON the Defendant providing evidence to the Claimant that the Defendant did not reside at the address at which proceedings were served and subsequently the Defendant did not have the opportunity to respond to the Claimant’s Claim Form
AND UPON the Defendant acting promptly upon discovery of the judgment to notify the Claimant that there is some other good reason for setting aside the judgment, pursuant to CPR 13.3(b)
AND UPON the parties reaching a settlement
1. The Judgement dated XXXX be set aside
2. The Defendant shall pay to the Claimant the total sum of XXXX ("The Settlement Sum") in full and final settlement of claims between the parties by 26 November 2024
3. There be no order as to costs
My thoughts:
- I feel as though I should still have an adequate defence for the original CCJ, which is that I disagree to paying the interest + court fees of the original £7k due to procedural unfairness and a violation of CPR 13.2 (sent to an address the claimant should have known was not my address)
Questions:
- I feel like I may have scuppered this a bit by agreeing to include the clause of the Settlement Sum. Is this likely to get the case thrown out?
- If so, how can I ask for the consent order to be rescinded and amended to "shall pay ... upon 14 days of the CCJ being set aside" or WTTE? What would be a legal strategy for this?
Any advice appreciated as I have until tomorrow close of day to pay...
Thank you so much
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